CPS

Question 1

What is the CPS?

Answer 1

The crown prosecution was established in 1986 under the prosecution of offences act 1985. The CPS is the principle prosecuting authority for England and Wales acting independently in criminal cases investigated by the police.

Question 2

What does the CPS do?

Answer 2

• Decides which cases should be prosecuted- keeping them all under continuous review
• Determines the appropriate charges in more serious or complex cases- advising the police during the early stages of investigations
• Prepares cases and presents them at court- using a range of in house advocates, self employed advocates or agents in court
• Provides information, assistance and support to victims and prosecution witnesses.

Question 3

In which way does the CPS undertake its role governed by the 2 key documents?

Answer 3

• The code for Crown Prosecutors and
• Casework quality standards

Question 4

What was the prosecution process before the establishment of the CPS and the need for the establishment of the CPS?

Answer 4

• Before the establishment of the CPS the police had dual powers of investigating crimes and prosecuting them.
• The royal commission on criminal procedure was set up to examine the duties and powers of the police and the rights and duties of suspects in respect of the investigation of criminal offences and the procedure for prosecution in criminal cases.

Question 5

Under what act was the CPS established?

Answer 5

The CPS was established under the Prosecution of Offences Act 1985

Question 6

What is the structure and role of the CPS?

Answer 6

• CPS Headquarters are in London. Charging advice is provided to the Police by the CPS Direct around the country 24 hours a day.
• CPS Proceeds of Crime is responsible for the majority of CPS asset recovery work and operates from Central Units based in headquarters and three reginal teams.

Question 7

What is the hierarchy within the CPS?

Answer 7

• Attorney General
• DPP
• Chief Crown Prosecutors
• Branch Crown
  Prosecutors
• Lawyers and Support staff

Question 8

What are the 5 key roles of the CPS?

Answer 8

1) Advise the police on cases for possible prosecution
2) Review cases submitted by the police for prosecution
3) Prepare cases for court
4) Present cases for court
5) Make the decision to charge in all but minor cases and decide what charge should be brought.

Question 9

What is the code for crown protectors?

Answer 9

The code for crown prosecutors is a public document, issued the the director of Public prosecution under section 10 of the prosecution of offences act 1985. It that sets out the general principles crown prosecutors should follow when they make decisions about prosecutors.

Question 10

What is the full code test?

Answer 10

This is a two part test followed by prosecutors when deciding whether or not to prosecute.

1) Evidential test- Is there enough evidence against the defendant?

• When deciding whether there is enough to charge, Crown Prosecutors must consider whether evidence can be used in court and is reliable and creditable. Crown prosecutors must be satisfied there is enough evidence to provide a realistic prospect of conviction against each defendant.

2) Public interest test- Is it in the public interest for the CPS to bring the cases to court?

• A prosecution will usually take place unless the prosecutor is sure that the public interest factors tending against prosecution outweigh those tending in favour.

Question 11

What are the other factors that can be considered?

Answer 11

• How serious is the offence that has been committed/
• What is the impact on the community?
• Do sources of information require protecting?

Question 12

What is the threshold test?

Answer 12

The threshold test may only be applied where the suspect presents a substantial bail risk and not all the evidence is available at the time when he or she must be released from custody unless charged.

Question 13

How do you apply the threshold test?

Answer 13

In order to apply the threshold hold test prosecutors must determine whether the following conditions are met:
There is a insufficient evidence currently available to apply the evidential stage of the full code test

There are reasonable grounds for believing that further evidence will become available within a reasonable period

The seriousness or the circumstances of the case justifies the making of an immediate charging decision

There are continuing substantial grounds to object to bail in accordance with the Bail Act .

Where any of the above conditions is not met, the threshold test cannot be applied and the suspect cannot be charged.

Question 14

What are the 2 parts to the evidential consideration of the threshold test?

Answer 14

• Is there reasonable suspicion?
  Prosecutors must be satisfied that there is at least a reasonable suspicion that the person to be charged has committed the offence. In determining this, prosecutors must consider the evidence that is available. This may take the form of witness statements, material or other information provided the prosecutor is satisfied that:
• It is relevant
• It is capable of being put into an admissible format for presentation in court
  -It would be used in the case
• If satisfied on this the prosecutor should then consider the second part of the threshold test. Can further evidence be gathered to provide a realistic prospect of conviction?
  Prosecutors must be satisfied that there are reasonable grounds for believing that the continuing investigation will provide further evidence within a reasonable period of time so that all the evidence together is capable of establishing a realistic prospect of conviction in accordance to the full code test. The further evidence must be identifiable and not merely speculative. In reaching this decision prosecutors must consider:
• The charges that all the evidence will support
• the reasons why the evidence is not already available
  the time required to obtain the further evidence and whether any consequential delay is reasonable in all the circumstances.

If both parts of the threshold test are satisfied, prosecutors must apply the public interest stage of the full code test based on the information available at that time.

Question 15

What is the process of reviewing the threshold test?

Answer 15

A decision to charge under the threshold test must be kept under review. The evidence must be regularly assessed to ensure that the charge is still appropriate and that continued objection to bail is justified. The full code test must be applied as soon as is reasonably practicable and in any event before the expiry of any applicable custody time limit.

Question 16

What is casework quality standards?

Answer 16

These standards set out the benchmarks of quality that the CPS strive to deliver in prosecuting crime for the public. The standards are an important way in which the CPS can demonstrate their values of treating everyone with respect being independent and fair, being honest and open, behaving professionally and striving for excellence.

Question 17

What are the overarching principles?

Answer 17

The CPS must take decisions and conduct their work in a way that is
1) Fair to victims and witnesses and in accordance with the Victim’s code
2) Fair to suspects and defendants
3)Proportionate to what is required to achieve a just outcome
4)Responsive to the concerns of the communities served by the CPS

Prosecutors make decisions in accordance with:
- the law
- the code for crown prosecutors
- guidance issued by the Attorney General
- relevant policies and guidance issued by the DPP

Question 18

What is standard 1?

Answer 18

Victims, witnesses and communities

Criminal offences have an impact on individuals and communities as does the work of the CPS. This standard covers the CPS’s responsibilities in this respect. The benchmarks of quality are

• Treating victims and witnesses with respect and understanding
• Prosecuting in a way that is fair to all and reflects the wider public interest.
• Taking into account of the rights, interests and needs of victims and witnesses

Question 19

What is standard 2?

Answer 19

Legal decision making

This standard covers 3 areas of work: advising the police and other investigators; deciding whether to authorise charges; and making and reviewing decisions in cases that have been charged. The benchmarks of quality, in these areas of work are:

• Giving advice which contributes to the investigation reaching a proper and timely outcome
• Give timely effective advice
  Correctly applying the law and the Code for prosecutors, in each case

Question 20

What is standard 3?

Answer 20

Casework preparation

This standard covers the work involved in preparing cases for court. The benchmarks of quality are:

• Thinking ahead, anticipating and resolving issues
• Taking all appropriate steps to ensure that the right information is available to the advocate and or decision making at the right time so that the progress is made.
• Communicating effectively and promptly with victims, witnesses, the police, the courts, defendants and their representatives and others who rely on the CPS

Question 21

What is standard 4?

Answer 21

Presentation
This standard covers the work of prosecutors and paralegals at court. This is not limited to appearance in trials: it includes all written and oral representations. The benchmarks of quality are:
- Taking control of the case, commanding the confidence of the court and being decisive and proactive
- Assisting the court throughout the proceedings, including sentence, being fair and professional at all times
- Preparing properly so that each hearing can be suitably progressed.

Question 22

What is the evaluation on the CPS inspectorate?

Answer 22

The CPS inspectorate was established under the crown prosecution service inspectorate Act 2000. It inspects the work carried out by the CPS and other prosecting agencies. It is independent from these organisations and is completely separately funded. It employs legal inspectors to asses the quality of prosecution decisions and legal processes.

The inspectorate produces reports with their findings and recommendation and submits an annual report to the Attorney general on the operation of the CPS which is laid before Parliament. It also advise the DPP on the performance of each CPS area

Question 23

Criticism associate with the CPS- Narey Report

Answer 23

The Nary Report 1197- length of time taken to prosecute cases

In 1997 the home office published a review known as the Narey report which made 33 recommendations aimed at speeding up the progression of cases through the legal system. One recommendation made for bringing down the numbers of ineffective hearings was through police officers and the crown prosecution service lawyer considering the case together before it goes to court, and by ensuring that the defence lawyer has advance information in all cases at the first hearing and is therefore able to advise the defendant. The developments substantially reduced the time taken to complete cases.

Question 24

Another criticism of the CPS - The Glidewell Report 1998- Organisation and management of the CPS

Answer 24

The Glidewell Report suggested widespread changes to the CPS. A former Appeal court judge found the CPS to be badly managed and failing in its aim to deliver and effective and efficient prosecution system. The report found that one in eight suspects charged by the police later had their cases thrown out by the CPS. It was suggested the CPS decided to discontinue cases that it considered broadline in order to relive pressure on its lawyers.

Following the report it was decided to decentralise the CPS into 42 local areas each headed by a new chief crown prosecutor. There were additional recommendations made by the report such as, the establishment of new CPS- police to take over the prosecution of the case immediately once the suspect has been charged by the police. The recommendations of the Glidewell report were generally welcomed by the police, lawyers and the CPS

Question 25

Another criticism of the CPS- The establishment of the CPS Direct- Charging decisions

Answer 25

CPS Direct provides charging decisions to all police forces across England and Wales. They have a dedicated network of duty prosecutors based throughout the country, linked to the police via IT. To receive charging decisions police officers and other investigators call a single national number and are connected to the next available duty prosecutor. In some cases officers can submit and receive charging decisions electronically. For large scale and sensitive cases such a sexual offences, CPS direct will work with local CPS colleagues to provide officers with access to advise for an appropriate CPS prosecutor, whether this is from the local CPS area or out of hours when a suspect is in custody from CPS direct

Question 26

Another criticism if the CPS - Victim’s rights to review scheme

Answer 26

The victim’s right to review scheme came into effect in 2013 and makes it easier for victims to seek a review of a CPS decision not to bring charges or to terminate all proceedings. In 2011 the court of Appeal delivered its judgment in the case. In the course of the judgment the court considered in some detail the right of a victim of crime to seek a review of a CPS decision not to prosecute and concluded in clear terms that:
- Victims have a right to seek a review in such circumstances
- Victims should not have to seek recourse of judicial review

Victims can seek a review of decisions not to charge, to discontinue or otherwise terminate all proceedings